Magistrates

Question 1

What are the qualifications of a juror? (8 marks)

Answer 1

-Over 18, good health, 13 days per year availability

-Cannot apply if: military, hard of hearing, bankrupt, serious criminal record, associated with legal system

-6 key qualities; good character, understanding & communication, social awareness, sound temperament & maturity, sound judgement, commitment & reliability

-Retire at 75

Question 2

What is the selection and appointment process of magistrates? (8 marks)

Answer 2

-Vacancies advertised in local courts, press and www.gov.uk

-encouraged to visit 3 times before

-Complete application form -> LAC

-2 interviews held by LAC
1. General suitability and 6 qualities

2. examples of cases discussed e.g. drink driving, violence

-Background checks for disqualifications + balanced bench sex, age, race, religion and occupation

-LAC sends recommendation to Lord Chief Justice (senior judge for England and Wales)

-Sworn in if successful at special ceremony at local crown court

-Training -> winger

Question 3

What is the role of a magistrate? (8 marks)

Answer 3

-Approx. 13,000 lay magistrates at Magistrates Court

-Early Administrative Hearing for all offences including bail for those not remanded in custody, transfer of triable either way and indictable offences to Crown Court

-Magistrates’ Courts try 90% of criminal cases start to finish

-Sentencing; 1 offence = 6 months, multiple = 12 months

-Applications for police arrest and search warrants

-Custody detention extensions up to 96 hours

-Youth courts for offenders between 10-17, special training

-Appeals, alongside judge against conviction or sentence in Crown Court

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